KOMAL PRASHANT MEHTA Vs. PRASHANT MEHTA

JUDGEMENT

(1.) Heard Mr. Jignesh Modi, learned advocate for Mr. Samir B. Gogda, learned advocate for the applicant as also Mr. Jamshed Kavina, learned advocate for Mr. P.P. Majmudar, learned advocate for the respondent.

(2.) This application is filed under Sec. 24 of the Code of Civil Procedure, 1908 (hereinafter referred to as "the Code") praying for transfer of a Family Suit (H.M.P.) No. 268 of 2021 pending before the Family Court, Vadodara to Family Court, Ahmedabad. Mr. Modi, learned advocate for the applicant submitted that the applicant is a housewife and not doing any job but staying with her parents at Ahmedabad in Gota area. She has to travel for more than 4 to 5 hours, to and fro, from her place to Vadodara for attending the aforesaid Family Suit. It is submitted that it would be most inconvenient for her to attend the same and find out suitable advocate for her to defend the case. It is further submitted that though in the days of no gender discrimination, she being a lady, to travel for about 4 to 5 hours to and fro for each adjourned date, may not be as comfortable as expected.

(3.) It is further submitted that mere inconvenience to the wife is not the criteria to transfer the case, at the same time, when husband is to appear before the Family Court at Ahmedabad in another litigation, filed by her subsequent to the present case, it would be very easy for the respondent - husband to attend the Court at Ahmedabad for both the cases instead of one. Therefore, it is requested that the prayer made hereinabove be acceded to.